Pubdate: Fri, 12 Nov 2004
Source: Daily Telegraph (UK)
Copyright: 2004 Telegraph Group Limited
Contact:  http://www.telegraph.co.uk/
Details: http://www.mapinc.org/media/114
Author: John Steele, Home Affairs Correspondent
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SEIZE MORE CASH FROM CRIMINALS, POLICE TOLD

Many police forces are failing to use legal powers to take illicit cash and 
assets from drug dealers, burglars and other criminals, according to a 
report on the first two years of the legislation.

For many senior officers, the report says, their financial powers remain a 
"mystery".

Other criminal justice agencies, such as the Crown Prosecution Service and 
the magistrates' courts, could also make greater use of the Proceeds of 
Crime Act 2002, the joint report by the inspectorates of police, 
prosecution and courts agencies says.

An increasing number of confiscation orders that are obtained in courts are 
not then enforced, undermining their effectiveness.

The study suggests many police officers do not understand their new powers 
and the opportunities the Act offers them to disrupt the lifestyles of 
criminals who enjoy obvious trappings of illicit wealth in their 
communities, acting as "dysfunctional" role models to young people and 
giving out the message that "crime does pay".

The report argues that the use of POCA powers to seize assets should part 
of routine policing at all levels, and not just the province of specialist 
financial investigators.

The Home Secretary, David Blunkett, has written to chief constables urging 
them to take up a central recommendation of the report and appoint a senior 
officer as "asset recovery champion".

The Act was seen as a flagship piece of legislation which, alongside the 
creation of an independent Assets Recovery Agency (ARA) to tackle top-level 
criminals, would give police the power to strip illicit proceeds from 
criminals at all levels. Among other powers, it enabled police to tackle 
criminals more easily for laundering the proceeds of crime.

However, the report shows that six of the 43 forces in England and Wales 
launched three-quarters of all money laundering cases last year, while 20 
failed to use the new powers at all.

The value of confiscation orders under the Act - another major power which 
forces criminals to pay back the value of their illegal earnings or face 
jail - fell from £120 million in 2002-2003 to £81 million last year, the 
report said.

In 2003, 422 cash seizures were made, totalling £16.7 million, with 
"considerable variations" in force performance.

The Metropolitan Police accounted for nearly 44 per cent of seizures - £7.2 
million worth - while Hertfordshire took only £25,000.

The study identified enthusiam for the theory of asset recovery and 
"pockets of excellent practice" but found the overall application of the 
powers is "patchy" with "significant potential remaining untapped."

The report suggests activity is often only targeted at the higher profile 
"crime barons" and that agencies are missing opportunities to combat those 
engaged in burglary, car theft, street robbery and low level drug dealing.

Her Majesty's Inspector of Constabulary, Kate Flannery, said: "The Act is 
not just a tool to target the mansion, yacht or Ferrari of the crime baron.

"There is considerable untapped potential to use the powers to disrupt and 
deter the prolific burglar and street corner drug dealer as well.

"There is a real opportunity to target those who seek to profit from 
ill-gotten gains and at the same time send a strong message to the public 
and aspiring young criminals that crime does not pay."
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